Supreme Court of India

Ivan Rathinam v. Milan Joseph

Neutral citation

Reported as [2025] 1 S.C.R. 1009

Bench Surya Kant and Ujjal Bhuyan JJ.

Decided 28 January 2025

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that it is necessary to distinguish these cases from the facts of the case at hand to illustrate as to why they cannot come to the aid of the Respondent.

Judgment, page 26

From the headnote

Issue for Consideration Whether the presumption of legitimacy, if not displaced, determines paternity in law; whether the Civil Court had the jurisdiction to entertain the Original Suit and whether the Family Court was entitled to reopen the Maintenance Petition; whether the second round of litigation, initiated by the Respondent, was barred by the principle of res judicata. Headnotes† Evidence Act, 1872 – s.112 – Birth during marriage, conclusive proof of legitimacy – Respondent and his mother claimed the appellant to be the respondent’s biological father despite the fact that the respondent

Authorities it was built on

2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors. cited by 51
2003 Sharda v. Dharmpal cited by 13
2010 Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women & Anr. cited by 7
2014 Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik & Anr. cited by 7
1953 Chilukuri Yenkateswarlu v. Chilukuri Venkatanarayana. cited by 7
2001 Smt. Kanti Devi and Anr. v. Poshi Ram cited by 5
2014 Dipanwita Roy v. Ronobroto Roy cited by 4
1993 Goutam Kundu v. Stte of West Bengal and Anr. cited by 4
2023 Aparna Ajinkya Firodia v. Ajinkya Arun Firodia cited by 2
2021 Ashok Kumar v. Raj Gupta & Ors. cited by 1

Where later benches applied it

2025 R. Rajendran v. Kamar Nisha and Others relied on

Of those, 1 relied on

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